alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021329EN.01001802.xml

| 16.8.2021 | EN | Official Journal of the European Union | C 329/18 |
| --- | --- | --- | --- |

16.8.2021

EN

Official Journal of the European Union

C 329/18

---

Judgment of the General Court of 30 June 2021 — Italy v Commission

(Case T-265/19) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Italy - Clearance of the accounts - Conformity clearance - Financial corrections - Regulation (EU) No 1306/2013 - Risk of financial loss - Regulation (EC) No 1290/2005 - Regulation (EC) No 885/2006 - Primary administrative or judicial finding - Existence of an irregularity)

(2021/C 329/22)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, Agent, and R. Giuzzi, A. Giordano and L. Vignato, avvocati dello Stato)

Defendant: European Commission (represented by: D. Bianchi, J. Aquilina and F. Moro, Agents)

Re:

Application under Article 263 TFEU for the partial annulment of Commission Implementing Decision (EU) 2015/103 of 12 February 2019 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2019 L 44, p. 14), in so far as it relates to certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

| 1. | Annuls Commission Implementing Decision (EU) 2015/103 of 12 February 2019 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as excludes from EU financing expenditure incurred by the Italian Republic, amounting to EUR 305 122,74; |
| --- | --- |

1.

Annuls Commission Implementing Decision (EU) 2015/103 of 12 February 2019 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as excludes from EU financing expenditure incurred by the Italian Republic, amounting to EUR 305 122,74;

| 2. | Dismisses the action for the remainder; |
| --- | --- |

2.

Dismisses the action for the remainder;

| 3. | Orders the Italian Republic and the European Commission each to bear their own costs. |
| --- | --- |

3.

Orders the Italian Republic and the European Commission each to bear their own costs.

---

(1)  OJ C 206, 17.6.2019.

---
EXHIBIT 32

Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

In connection with the Quarterly Report on Form 10-Q of CuraGen Corporation (the Company) for the period ended September 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Frank M. Armstrong, M.D., Chief Executive Officer and President of the Company, and David M. Wurzer, Executive Vice-President, Chief
Financial Officer and Treasurer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

(1) The Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in
the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |     |  |                                                                             
|----------------------- |  | --- |  | ----------------------------------------------------------------------------
|Dated: November 8, 2006 |  | By: |  | /s/ Frank M. Armstrong, M.D.                                                
|                        |  |     |  | Frank M. Armstrong, M.D.                                                    
|                        |  |     |  | Chief Executive Officer and President                                       
|                        |  |     |  | (principal executive officer of the registrant)                             
|                        |  |    
|Dated: November 8, 2006 |  | By: |  | /s/ David M. Wurzer                                                         
|                        |  |     |  | David M. Wurzer                                                             
|                        |  |     |  | Executive Vice-President, Chief Financial Officer                           
|                        |  |     |  | and Treasurer (principal financial and accounting officer of the registrant)
Exhibit
10.9a
 
 AMENDMENTS
TO THE
 CHANGE
IN CONTROL SEVERANCE AGREEMENT
 BETWEEN
 IMPERIAL
CAPITAL BANCORP, INC. AND PHILLIP E. LOMBARDI
 TO
COMPLY WITH
 INTERNAL
REVENUE CODE SECTION 409A
 
  WHEREAS,
on February 1, 2006, Phillip E. Lombardi entered into a Change in Control
Severance Agreement with Imperial Capital Bancorp, Inc. (formerly known as ITLA
Capital Corporation) (the “Agreement”); and
  WHEREAS,
the Agreement includes an election provision that may provide for deferred
compensation and therefore must be amended to comply with Section 409A of the
Internal Revenue Code and the regulations and guidance of general applicability
issued thereunder; and
  WHEREAS,
the Agreement may be amended by a writing signed by the parties to the
Agreement.
  NOW,
THEREFORE, the foregoing considered, it is agreed as follows:
  That
effective as of January 1, 2005, the Agreement is amended by revising Paragraph
3(a)(2) to read as follows:
  “(2)  a
sum equal to 18 times the monthly premium cost being paid by the Company to
provide such health, dental and life insurance benefits as are maintained for
the Employee on the Date of Termination, with the monthly premium cost being
determined immediately prior to the Date of Termination;”
  IN
WITNESS WHEREOF, this Amendment has been executed this 31st day of December,
2008, effective as of January 1, 2005.
   IMPERIAL
CAPITAL BANCORP, INC.
  By:            /s/ Jeffrey L.
Lipscomb
  PHILLIP
E. LOMBARDI
  By:            /s/ Phillip E.
Lombardi
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>                      SEP-01-2000
<PERIOD-START>                         SEP-04-1999
<PERIOD-END>                           DEC-03-1999
<CASH>                                   8,015,676
<SECURITIES>                                     0
<RECEIVABLES>                            4,296,035
<ALLOWANCES>                              (192,549)
<INVENTORY>                              7,192,318
<CURRENT-ASSETS>                        20,673,125
<PP&E>                                  13,238,933
<DEPRECIATION>                          (8,940,774)
<TOTAL-ASSETS>                          26,107,249
<CURRENT-LIABILITIES>                    6,545,175
<BONDS>                                     52,769
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                   123,146
<OTHER-SE>                              18,877,159
<TOTAL-LIABILITY-AND-EQUITY>            26,107,249
<SALES>                                  7,014,503
<TOTAL-REVENUES>                         7,014,503
<CGS>                                    4,687,903
<TOTAL-COSTS>                            6,978,663
<OTHER-EXPENSES>                          (104,239)
<LOSS-PROVISION>                            20,000
<INTEREST-EXPENSE>                          24,888
<INCOME-PRETAX>                            115,191
<INCOME-TAX>                                43,000
<INCOME-CONTINUING>                         72,191
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                72,191
<EPS-BASIC>                                   0.00
<EPS-DILUTED>                                 0.00


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         111,626
<SECURITIES>                                         0
<RECEIVABLES>                                    2,178
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               113,804
<PP&E>                                          10,413
<DEPRECIATION>                                   4,436
<TOTAL-ASSETS>                                 121,024
<CURRENT-LIABILITIES>                            6,874
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            21
<OTHER-SE>                                     111,603
<TOTAL-LIABILITY-AND-EQUITY>                   121,024
<SALES>                                              0
<TOTAL-REVENUES>                                 2,312
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,524
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (534)
<INCOME-PRETAX>                                (3,678)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (3,678)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,678)
<EPS-BASIC>                                      (.20)
<EPS-DILUTED>                                    (.20)


</TABLE>
Exhibit 23.1

KPMG LLP1900 Nashville City Center
511 Union Street
Nashville, TN 37219-1735

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Regal Entertainment Group:

We
consent to the incorporation by reference in the registration statements (No. 333-87958) on Form S-8 and (No. 333-108212) on
Form S-3 of Regal Entertainment Group of our report dated March 15, 2005 with respect to the consolidated balance sheets of Regal Entertainment Group and subsidiaries as of
December 30, 2004 and January 1, 2004, and the related consolidated statements of income, stockholders' equity and parent's investment and comprehensive income, and cash flows for each
of the years in the three-year period ended December 30, 2004, management's assessment of the effectiveness of internal control over financial reporting as of
December 30, 2004, and the effectiveness of internal control over financial reporting as of December 30, 2004, which reports appear in the December 30, 2004 annual report on
Form 10-K of Regal Entertainment Group.

| |  | /s/ KPMG LLP
| |  | ------------

Nashville,
Tennessee
March 15, 2005



QuickLinks
##### 



Exhibit 14.10 CONSENT OF INDEPENDENT ACCOUNTANTS To the Board of Directors of
Companhia Vale do Rio Doce (CVRD) We hereby consent to the incorporation by reference in (i) the
Registration Statement on Form F-4 (File Nos. 333-109610; 333-109610-01) of
CVRD and Vale Overseas Limited (Vale Overseas); and (ii) the Registration
Statement on Form F-3 (File Nos. 333-110867; 333-10867-01) of CVRD and Vale
Overseas of our report dated January 15, 2004 on the consolidated financial
statements of Companhia Italo-Brasileira de Pelotização  ITABRASCO which
appears in the Annual Report on Form 20-F of CVRD and Vale Overseas for the
year ended December 31, 2003. June 4, 2004 /s/ Deloitte Touche Tohmatsu
[No. 10494.

Department One.

August 19, 1912.]

#### W. H. LaFayette, *Respondent,*v. David Dean, Appellant.2

Appeal from a judgment of the superior court for Spokane county, Hinkle, J., entered September 6, 1911, upon findings in favor of the plaintiff, in an action on contract, after a trial to the court.

Affirmed.

*D. W. Henley,*for appellant.

*H. J. Hibschman,*for respondent.

2

 Reported in 125 Pac. 952.

Chadwick, J.

This is an action on an account stated, to recover a balance of $1,161.67, growing out of certain transactions between the plaintiff and the defendant. It appears from the testimony that, on the 28th day of February, 1910, the plaintiff and the defendant entered into a written contract, under the terms of which the defendant took over and agreed to operate a sawmill and logging outfit which the plaintiff held under a contract of purchase from one Wertz, the owner. The mill was operated by the defendant until on or about April, 1910, and on or about August 1, 1910, the defendant rendered an account to the plaintiff for the above amount, showing the balance due the plaintiff on account of lumber sold from the mill. The case was tried before the court without a jury. The court found, among other things, that operations under the contract *702were suspended and the contract abandoned by mutual consent, on or about April 1, 1910, and that on or about August 1, 1910, an account was stated between the plaintiff and the defendant, showing a balance due plaintiff as alleged in the complaint, for which amount, less certain credits, judgment was entered. From this judgment, the defendant has appealed.

The findings of the court are amply sustained by the testimony, and according to our usual practice in such cases, the judgment must he affirmed. It is so ordered.

Cbow, Gose, and Parker, JJ., concur.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 1**  **4 -**  **1248**

KAREN MOORE , Plaintiff

- Appellant ,
v. GOOGLE, INC. , Defendant

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Charleston
. Bristow Marchant , Magistrate Judge. ( 2:13

- cv - 03034

- RMG

- BM )

Submitted : April 30, 2014 Decided: May 23, 2014

Before SHEDD, FLOYD, and THACKER , Circuit Judges.

Dismissed by un published per curiam opinion
.
Karen Moore, Appellant Pro Se. David Spence Cox, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Karen Moore seeks to appeal the magistrate judge’s orders requiring her to bring her case into proper order, and denying several pretrial motions. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C.
§ 1292 (2012); Fed. R . Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The orders Moore seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Moore’s motion to expedite as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional
process. DISMISSED
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

December 28, 2011 

y1219 

Order 

 

December 28, 2011 

143488 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 143488 

 COA: 304010 

Washtenaw CC: 75-009804-FY 

GERALD W. HUGHES, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the June 30, 2011 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
#### Lillian Preminger, Respondent, v Manhattan & Bronx Surface Transit Operating Authority, Defendant, and City of New York, Appellant.

—Judgment, Supreme Court, Bronx County (William A. Walsh, J.), entered on July 23, 1984, unanimously reversed, on the law and the facts, without costs or disbursements, and a new. trial ordered solely on the issue of damages, unless the plaintiff within 20 days after service upon her attorney of a copy of the order herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $850,000 and to the entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended, is affirmed, without costs and without disbursements.

After our review of the record, the damages appear to us to be excessive to the extent indicated. Concur—Carro, J. P., Asch, Fein, Milonas and Ellerin, JJ.
----

Ex

| Subsidiary                                                  | PercentageOwnership | Jurisdictionof                  Incorporation orOrganization |
|-------------------------------------------------------------|---------------------|--------------------------------------------------------------|
|                                                        |                |                                                         |
| Oak                  Hill Banks                             | 100%                | Ohio                                                         |
| Oak                  Hill Banks Community Development Corp. | 100%                | Ohio                                                         |
| Oak                  Hill Financial Services Company        | 100%                | Ohio                                                         |
| Oak                  Hill Financial Insurance Agency, Inc.  | 100%                | Ohio                                                         |
| Oak                  Hill Capital Trust 1                   | 100%                | Delaware                                                     |
| Oak                  Hill Capital Trust 2                   | 100%                | Delaware                                                     |
| Oak                  Hill Capital Trust 3                   | 100%                | Delaware                                                     |
| Oak                  Hill Capital Trust 4                   | 100%                | Delaware                                                     |
| Oak                  Hill Title Agency, LLC                 | 49%                 | Ohio                                                         |

----
4. The following is hereby added to the Credit Agreement as Section 1.4:“SECTION 1.4. GUARANTIES. The payment and performance of all indebtedness and otherobligations of Borrower to Bank shall be guaranteed jointly and severally by RL Investments, Inc.,as evidenced by and subject to the terms of guaranties in form and substance satisfactory to Bank.”5. Section 4.3 (c), (d), (e) and (f) are hereby deleted in its entirety, and the followingsubstituted therefore:“(c) a Borrowing Base Certificate at the time of any request for an advance onthe Line of Credit and within 30 days after and as of each month end thereafter, solong as any outstanding balance exists under the Line of Credit;(d) not later than 30 days after and as of the end of each month a brokeragestatements for each Securities Account listed in Section 1.3. hereof;(e) together with the financial statements submitted as per 4.3(a) and 4.3(b) above, acompliance certificate, signed by the controller or vice president of the Borrower, demonstratingin reasonable detail compliance (or noncompliance, as the case may be) with the terms andconditions of the Credit Agreement, as amended from time to time;(f) from time to time such other information as Bank my reasonably request.”6. Section 4.9 is hereby deleted in its entirety, and the following substituted therefore:“SECTION 4.9. FINANCIAL CONDITION. Maintain Borrower’s financial condition as follows usinggenerally accepted accounting principles consistently applied and used consistently with priorpractices (except to the extent modified by the definitions herein)”(a) Operating Profit not less than $1,000,000.00 as of each fiscal quarter end, with“Operating Profit” defined as operating revenues less operating expenses, excluding non-cashimpairment charges related to intangible assets.”7. Except as specifically provided herein, all terms and conditions of the Credit Agreementremain in full force and effect, without waiver or modification. All terms defined in the CreditAgreement shall have the same meaning when used in this Amendment. This Amendment and the CreditAgreement shall be read together, as one document.8. Borrower hereby remakes all representations and warranties contained in the CreditAgreement and reaffirms all covenants set forth therein. Borrower further certifies that as of thedate of this Amendment there exists no Event of Default as defined in the Credit Agreement, nor anycondition, act or event which with the giving of notice or the passage of time or both wouldconstitute any such Event of Default.IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the dayand year first written above.     WELLS FARGO BANK,RENAISSANCE LEARNING, INC. NATIONAL ASSOCIATION   By: /s/ Mary T. Minch By: /s/ Lisa Thomas   Title: Senior Vice President-Finance Title: Relationship ManagerChief Financial Officer and Secretary
# C_2021242EN.01002901.xml

| 21.6.2021 | EN | Official Journal of the European Union | C 242/29 |
| --- | --- | --- | --- |

21.6.2021

EN

Official Journal of the European Union

C 242/29

---

Judgment of the General Court of 14 April 2021 — The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic or sports equipment)

(Case T-579/19) (1)

(Community design - Multiple application for community designs representing gymnastic or sports equipment - Right of priority - Article 41 of Regulation (EC) No 6/2002 - Application under the Patent Cooperation Treaty - Article 4 of the Paris Convention for the Protection of Industrial Property - Priority period)

(2021/C 242/38)

Language of the case: German

Parties

Applicant: The KaiKai Company Jaeger Wichmann GbR (Munich, Germany) (represented by: J. Hellmann-Cordner, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 13 June 2019 (Case R 573/2019-3) concerning an application for registration of gymnastic or sports equipment as community designs claiming the right of priority of an international patent application filed under the Patent Cooperation Treaty.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2019 (Case R 573/2019-3); |
| --- | --- |

1.

Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2019 (Case R 573/2019-3);

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders EUIPO to pay the costs. |
| --- | --- |

3.

Orders EUIPO to pay the costs.

---

(1)  OJ C 337, 7.10.2019.

---